CALIF ORNIA SECRET ARY OFSTATE - Elections and Voter Information
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2020 CALIF ORNIA SE C R E T AR Y OF S T A TE
Statewide Initiative Guide
Preface
The Secretary of State has prepared this Statewide Initiative Guide, as required by Elections
Code section 9018, to provide an understanding of the procedures and requirements for
preparing and circulating initiatives, for filing sections of the petition, and describing the
procedure of verifying signatures on the petition. This Guide is for general information only and
does not have the force and effect of law, regulation, or rule. In case of conflict, the law,
regulation, or rule will apply. Interested persons should obtain the most up-to-date information
available because of possible changes in law or procedure since the publication of this Guide.
Background and History of the Initiative Process
In a special election held on October 10, 1911, California became the 10th state to adopt the
initiative process. That year, Governor Hiram Johnson began his term by promising to give
citizens a tool they could use to adopt laws and constitutional amendments without the support
of the Governor or the Legislature. The new Legislature put a package of constitutional
amendments on the ballot that placed more control of California politics directly into the hands of
the people. This package included the ability to recall elected officials, the right to repeal laws by
referendum, and the ability to enact state laws by initiative.
The initiative is the power of the people of California to propose statutes and to propose
amendments to the California Constitution. (Cal. Const., art. II, § 8(a).) Generally, any matter
that is a proper subject of legislation can become an initiative measure; however, no initiative
measure addressing more than one subject area may be submitted to the voters or have any
effect. (Cal. Const., art. II, § 8(d).) An initiative measure is placed on the ballot after its
proponents successfully satisfy the requirements described in this Guide, and it is qualified by
the Secretary of State on the 131st day before a statewide general election.
For historical information regarding initiative measures, please refer to The History of California
Initiatives, which is produced by the Secretary of State, and can be found on our website at
https://www.sos.ca.gov/elections/ballot-measures/resources-and-historical-information/history-
california-initiatives/. For current information about proposed initiative measures that are in
circulation or initiative measures eligible for the next statewide ballot, please refer to our website
at http://www.sos.ca.gov/elections/ballot-measures/initiative-and-referendum-status/ or contact
the Elections Division at (916) 657-2166.
Please note: This Guide is intended for statewide initiative measures only. For
information regarding the qualification of local initiative measures, please contact your
local elections official.
Revised December 2019
iTable of Contents
Chapter I. The Initiative Process
Step One – Writing the Proposed Initiative Measure ....................................... 1
Step Two – Request for Circulating Title and Summary.................................. 1
Step Three – Format of Petitions .......................................................................3
Step Four – Circulating Petitions and Gathering Signatures .......................... 5
Step Five – Turning in Signatures .................................................................... 9
Recommendations ..............................................................................................9
Chapter II. Verification of Signatures
Raw Count ....................................................................................................... 11
Random Sample .............................................................................................. 11
Full Check ........................................................................................................ 12
Chapter III. Qualification
Qualifying for the Ballot: Eligible vs. Qualified ............................................ 13
Chapter IV. Additional Information
Initiative Effective Date if Approved by Voters ............................................. 14
Preservation of Signatures ............................................................................ 14
Chapter V. Political Reform Act, Forming Committees and Reporting
Requirements
Recipient Committees .................................................................................... 15
Use of Measure Committee Funds ................................................................15
Campaign Disclosure Form 460 .................................................................... 15
Measure Committee Reporting Duties ..........................................................15
Paid Spokesperson Reports ......................................................................... 17
Termination Requirements.............................................................................17
iiAppendices
Suggested Deadlines to Qualify Initiatives (Appendix A)… ............................... A-1
Further Contact Information (Appendix B)…………………...……………….........B-1
County Elections Officials (Appendix C) ………………….………………………..C-1
Sample Petition (Appendix D)……………………………………...………………..D-1
Sample Official Top Funders Disclosure (Appendix E)..………...………………..E-1
25% Signature Threshold Certification (Appendix F)……………………..……….F-1
iiiTHIS PAGE IS LEFT INTENTIONALLY BLANK
ivChapter I The Initiative Process Step One - Writing the Proposed Initiative Measure The first step in the process of qualifying an initiative measure is to write the text of the proposed law. Proponent(s) may seek the assistance of their own private counsel to help draft the text of the proposed law, or they may choose to write the text themselves. The proposed initiative measure’s proponent(s) may also obtain assistance from the Office of Legislative Counsel in drafting the language of the proposed law. Proponent(s) must submit a written request signed by 25 or more electors.1 If the Legislative Counsel determines that there is a reasonable probability the proposed initiative measure will eventually be submitted to the voters, the Legislative Counsel will draft the proposed law. (Government Code § 10243.) Additionally, the proponent(s) can request the Secretary of State to review the provisions of the proposed initiative measure after it is prepared and prior to its circulation. Upon this request, the Secretary of State will review the measure with respect to form and language clarity and will request and obtain a statement of fiscal impact from the Legislative Analyst’s Office. (Government Code § 12172.) For more information contact: Office of Legislative Counsel Secretary of State State Capitol, Room 3021 1500 11th Street, 5th Floor Sacramento, CA 95814 Sacramento, CA 95814 (916) 341-8000 / www.legislativecounsel.ca.gov (916) 657-2166 / www.sos.ca.gov Step Two - Request for Circulating Title and Summary Written Request, Fee, Statement, and Certificate Once the proposed initiative measure has been written, the proponent(s) must submit a printed copy of the text of the proposed initiative measure to the Attorney General with a written request that a circulating title and summary of the chief purpose and points of the proposed initiative measure be prepared. (Elections Code § 9001(a),(d).) A facsimile or email will not be accepted. At the time of submitting the text of the proposed measure to the Attorney General, the proponent(s) must pay a fee of $2,000. The $2,000 fee is placed in a trust fund in the Office of the State Treasurer and is refunded if the initiative measure qualifies for the ballot within two years after the summary has been issued to the proponent(s). If the proposed initiative measure fails to qualify within that period, the fee is put into the General Fund of the State. (Elections Code § 9001(c).) At the time the request for a circulating title and summary is submitted, each and every proponent must provide public contact information and an original signed certification that reads as follows (Elections Code § 9001(b).) 1An elector is a person who is a U.S. Citizen 18 years of age or older and is a resident of an election precinct in California on or before the day of an election. (Elections Code § 321.)
I, , declare under penalty of perjury that I am a citizen of the United States,
18 years of age or older, and a resident of County, California.
Additionally, at the time the request for a circulating title and summary is submitted, the
proponent(s) must also execute and submit a signed statement that reads as follows (Elections
Code § 9608):
I, , acknowledge that it is a misdemeanor under state
law (Section 18650 of the Elections Code) to knowingly or
willfully allow the signatures on an initiative petition to be used for
any purpose other than qualification of the proposed measure for
the ballot. I certify that I will not knowingly or willfully allow the
signatures for this initiative to be used for any purpose other than
qualification of the measure for the ballot.
(Signature of Proponent)
Dated this day of
, 20
This statement shall be kept on file at the Attorney General's Office for not less than eight
months after the certification of the results of the election for which the measure qualified or, if
the measure did not qualify, eight months after the deadline for submission of the petition to
elections officials. (Elections Code § 9608(b).)
Once a request for a circulating title and summary has been submitted, the Attorney General’s
Office will post the text of the proposed initiative measure on their website and facilitate a 30-
day public review process during which any member of the public may submit written public
comments to the Attorney General’s Office via their website. The Attorney General’s Office will
provide any written public comments received during the public review period to the
proponent(s). (Elections Code § 9002(a).)
During the public review period, amendments signed by all of the proponent(s) may be
submitted to the Attorney General’s Office. Any amendments to the proposed initiative measure
must be reasonably germane to the theme, purpose, or subject of the initiative measure as
originally proposed. An amendment shall not be accepted more than five days after the public
review period is concluded. (Elections Code § 9002(b).)
For more information contact:
Office of the Attorney General
ATTN: Initiative Coordinator
P.O. Box 944255
Sacramento, CA 94244-2550
(916) 210-6062 / www.oag.ca.govCirculating Title and Summary and Fiscal Estimate or Opinion Upon receipt of the fee and request, and after the public review period, the Attorney General will prepare a circulating title and summary, which will be the official summary of the proposed initiative measure. (Elections Code § 9004(a).) The Attorney General in preparing a circulating title and summary shall in boldface print, include either the estimate of the amount of any increase or decrease in revenues or costs to the state or local government or an opinion as to whether or not a substantial net change in state or local finances would result. (Elections Code § 9005(a).) The Department of Finance and the Legislative Analyst are required to jointly prepare this estimate within 50 days of the date of receipt of the proposed initiative measure by the Attorney General. If, in the opinion of both the Department of Finance and the Legislative Analyst, a reasonable estimate of the net impact of the proposed initiative measure cannot be prepared within the 50-day period, the Department of Finance and the Legislative Analyst shall, within the 50-day period, give the Attorney General their opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative measure is adopted. (Elections Code § 9005(b),(c).) The Attorney General shall provide a copy of the circulating title and summary and its unique numeric identifier to the Secretary of State and the proponent(s) within 15 days after receipt of the fiscal estimate or opinion prepared by the Department of Finance and the Legislative Analyst. (Elections Code § 9004(b).) The date the copy is delivered or mailed to the proponent(s) is the “official summary date.” (Elections Code §§ 336, 9004(b).) When the official circulating title and summary is complete, the Attorney General will send it and the text of the measure to the Senate and the Assembly. The Legislature may conduct public hearings on the proposed initiative measure but cannot amend it or prevent it from appearing on the ballot. (Elections Code § 9007.) Official Summary Date The official summary date, the date the circulating title and summary is sent to the proponent(s) by the Attorney General, is the date the Secretary of State uses to calculate calendar deadlines provided to the proponent(s) and elections officials. (Elections Code §§ 336, 9004.) No petition may be circulated prior to the official summary date. (Elections Code § 9014.) Step Three – Format of Petitions The format for the initiative petition is specified by law. County elections officials will not accept or file petitions which do not comply with the Elections Code. (Elections Code § 9015.) A petition may have several sections. Each section of the petition must contain the Attorney General’s circulating title and summary and the full text of the proposed initiative measure. (Elections Code § 9012.) The Attorney General’s circulating title and summary shall be in at least 11-point roman boldface type, and the full text of the proposed initiative measure shall be in at least 8-point type. Each page on which signatures are to appear must contain a copy of the Attorney General’s circulating title and summary and the unique numeric identifier provided by the Attorney General. (Elections Code §§ 9008, 9009, 9012.) Official Top Funders Disclosure Requirements For any initiative or referendum petition for which the circulation is paid for by a committee formed pursuant to Government Code 82013, an Official Top Funders disclosure shall be included on the petition or in a separate document presented to a prospective signer of the petition.
County elections officials are not required to verify the accuracy of the information or to re- approve the petition upon any updates the committee makes. (Elections Code § 107(g).) Official Top Funders Disclosure as a separate document The Official Top Funders Sheet must be in 14-point black roman type font on a plain, contrasting background, centered horizontally, except as described. The text shall not be condensed or have spacing between characters reduced to be narrower than a normal roman type. (Elections Code § 107(a)(1).) The top of the sheet shall have the text “OFFICIAL TOP FUNDERS. Valid only for”, followed by a month and year that starts at most seven days after the date at the top contributors as defined in Government Code section 84501(c) were last confirmed. (Elections Code §107 (a)(2).) This information shall be boldface and at least 16-point font. Following the top line, separated by a blank horizontal line, shall be the title of the initiative or referendum as it appears on the petition, in all capital letters. (Elections Code § 107(a)(3).) Next, separated by a blank horizontal line, shall appear a disclosure statement in a printed or drawn box with a black border. (Elections Code § 107(a)(4).) At the top of the disclosure statement, the statement shall read, “Petition circulation paid for by” in boldface text followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Government Code section 84101 on the following line. (Elections Code § 107(a)(4)(A)-(D).) If the committee has any top contributors as defined in Government Code section 84501(c), it shall be followed by a blank horizontal line and then the underlined text “Committee major funding from:”. The top contributors, as defined in Government Code section 84501(c), if any, shall be disclosed in boldface text in descending order. (Elections Code § 107(a)(4)(D).) The committee, in its discretion, may include, in underlined text, “Endorsed by:” followed by a list, not underlined, of up to three endorsers. The text pursuant to this subparagraph shall be separated from the text above and below it by a blank horizontal line. (Elections Code § 107(a)(4)(E).) The following line shall include the text “Latest Official Top Funders:” followed by either the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements that are reported pursuant to Elections Code section 107(f), or the internet web page on the internet website for any committee formed pursuant to Government Code section 82013 that pays for the circulation of an initiative or referendum petition. The committee’s web page must include a prominent link to the most recent Official Top Funders sheet in a format that allows it to be viewed on an internet website and printed out on a single page of paper and a prominent link to the full text of the initiative or referendum. Next, separated by at least two blank horizontal lines shall appear the text “OFFICIAL TITLE AND SUMMARY (SAME AS ON PETITION)”, in boldface text in all capital letters. (Elections Code § 107(a)(5).) Starting on a separate horizontal line shall appear the text “The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”, in boldface text with a type size of 11 point. (Elections Code § 107(a)(6).) Lastly, starting on a separate horizontal line shall appear the Attorney General summary of the initiative as it appears on the initiative petition, in plain text with a type size of 11 point. (Elections Code § 107(a)(7).) The sheet must be submitted to the Secretary of State’s office upon any changes to the top contributors and must be posted on the Secretary of State’s website Official Top Funders Disclosure on the petition If the committee chooses to include the disclosure statement on the petition, the requirements are as follows:
The disclosure statement shall have a solid white background and shall be in a printed or drawn box with a black border and shall appear before that portion of the petition for voters’ signatures, printed names, and residence addresses. The text in the disclosure area shall be in a black Arial equivalent type with a type size of at least 10 point, with all lines centered horizontally in the disclosure area. (Elections Code § 107(b)(1).) The top of the disclosure shall include the text “OFFICIAL TOP FUNDERS. Valid only for”, followed by a month and year that starts at most seven days after the date the top contributors as defined in Government Code section 84501(c) were last confirmed. The text of this paragraph shall be boldface. (Elections Code § 107(b)(2).) Next shall appear, on a separate horizontal line, the text “Petition circulation paid for by”, followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Government Code section 84101. If the committee has any top contributors as defined in Government Code section 84501(c), it shall be followed by, on a separate horizontal line, the underlined text “Committee major funding from:”. (Elections Code § 107(b)(3).) The top contributors as defined in Government Code section 84501(c), if any, shall each be disclosed in boldface text on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in Government Code section 84501(b), on the first line. (Elections Code § 107(b)(4).) The committee, in its discretion, may include the underlined text “Endorsed by:”, followed by a list, not underlined, of up to three endorsers. The text in this paragraph shall be separated from the text above and below it by a blank horizontal line. (Elections Code § 107(b)(5).) The following line shall include the text “Latest info:” followed by the URL for either the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements and any updates provided by the committee to the Secretary of State, or the internet website of any committee formed pursuant to Government Code section 82013 that pays for the circulation of an initiative or referendum petition. The text specified in this paragraph shall be underlined. (Elections Code § 107(b)(6).) The committee’s web page must include a prominent link to the most recent Official Top Funders sheet in a format that allows it to be viewed on an internet website and printed out on a single page of paper. It must also include a prominent link to the full text of the initiative or referendum. (Elections Code § 107(c)(1),(2).) Heading The heading of each section of a proposed initiative petition shall be in substantially the following form and must be printed in 11-point or larger roman boldface type (Elections Code §§ 9008, 9009): “INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS” Circulating Title and Summary Immediately after the heading insert the following statement in boldface: “The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:” Next, include the unique numeric identifier provided by the Attorney General and the circulating title and summary prepared by the Attorney General. The circulating title shall appear in all
capital letters. The unique numeric identifier and title and summary must also be printed across
the top of each page of the petition whereon signatures are to appear in 11-point or larger
roman boldface type. (Elections Code §§ 9008, 9009.)
Text of the Proposed Initiative Measure
The text of the proposed initiative measure must be inserted immediately following the unique
numeric identifier and circulating title and summary prepared by the Attorney General, preceded
by the following statement (Elections Code §§ 9008, 9009):
“To the Honorable Secretary of State of California
We, the undersigned, registered, qualified voters of California, residents of
County (or City and County), hereby propose amendments to [(the Constitution of California)
(the Code, relating to )] and petition the Secretary
of State to submit the same to the voters of California for their adoption or rejection at the next
succeeding general election or at any special statewide election held prior to that general
election or as otherwise provided by law. The proposed [(constitutional) (statutory)]
amendments read as follows:”
[Insert full circulating title and summary and text of the measure.]
Signature Section
Above the portion of the petition where voters are to sign, a notice in 11-point type must appear
containing the following statement (Elections Code § 101):
“NOTICE TO THE PUBLIC:”
If the petition does not include the disclosure statement described by Elections Code section 107(b),
the following text shall appear in an 11-point boldface font:
YOU HAVE THE RIGHT TO SEE AN “OFFICIAL TOP FUNDERS” SHEET.
Next must appear the following in 11-point font:
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
THE PROPONENTS OF THIS PROPOSED INITIATIVE MEASURE HAVE THE RIGHT TO
WITHDRAW THIS PETITION AT ANY TIME BEFORE THE MEASURE QUALIFIES FOR THE
BALLOT.”
The petition must have room for the signature of each petition signer as well as the signer’s
printed name, residence address, and city or unincorporated community name. Signature
spaces must be consecutively numbered commencing with the number 1 for each petition
section. A minimum one-inch space shall be left at the top of each page and after each name for
use by the county elections official. (Elections Code §§ 100, 9013.)
Pursuant to the California Supreme Court’s decision in Assembly v. Deukmejian (1982) 30
Cal.3d 638, 180 Cal. Rptr. 297, the petition form must direct signers to include their “residence
address” rather than “address as registered” or other address. Each section of the petition must
also contain the name of the county (or city and county) in which it was circulated. Each sectionshall be circulated among voters of only one county. See Appendix D for a sample petition. Step Four – Circulating Petitions and Gathering Signatures Calendar Based on the official summary date, the Secretary of State will prepare a calendar of filing deadlines. The Secretary of State will send a copy of the calendar to the proponent(s) and the county elections officials within one business day of receiving the circulating title and summary from the Attorney General’s Office. (Elections Code § 9004(c).) Circulation Period Proponents are allowed a maximum of 180 days from the official summary date to circulate petitions, collect signatures, and file petitions with county election officials. (Elections Code § 9014.) However, the initiative measure must be certified for the ballot at least 131 days before the next general election at which it is to be submitted to the voters. (Elections Code § 9016; Cal. Const., art. II, § 8(c).) As a result, proponent(s) may want to shorten the 180-day circulation period in order to ensure that the proposed initiative measure is certified for the ballot at least 131 days before the next general election. Required Number of Signatures In order to qualify for the ballot, the initiative petition must be signed by a specified number of registered voters depending on the type of proposed initiative measure submitted. Initiative Statute: Petitions proposing initiative statutes must be signed by registered voters. The number of signatures must be equal to at least 5% of the total votes cast for the office of Governor at the last gubernatorial election. (Cal. Const., art. II, § 8(b); Elections Code § 9035.) The total number of signatures required for initiative statutes is 623,212. Initiative Constitutional Amendment: Petitions proposing initiative constitutional amendments must be signed by registered voters. The number of signatures must be equal to at least 8% of the total votes cast for the office of Governor at the last gubernatorial election. (Cal. Const., art. II, § 8(b); Elections Code § 9035.) The total number of signatures required for such petitions is 997,139. Once proponents have gathered 25% of the number of signatures required (155,803 for an initiative statute and 249,285 for an initiative constitutional amendment), proponents(s) must immediately certify they have done so under penalty of perjury to the Secretary of State. (Elections Code § 9034(a).) Upon receipt of the certification, the Secretary of State will provide copies of the proposed initiative measure and the circulating title and summary to the State Senate and the Assembly. Each house is required to assign the proposed initiative measure to its appropriate committees and hold joint public hearings, at least 131 days before the date of the election at which the measure is to be voted on. (Elections Code § 9034(b).) However, the Legislature cannot amend the proposed initiative measure or prevent it from appearing on the ballot. (Elections Code § 9034(c).) See Appendix F for an example of the certification to be sent from the proponent(s) to the Secretary of State. Referendum Pursuant to article II, section 9, of the California Constitution, the referendum is the power of the electors to approve or reject statutes enacted by the Legislature. However, the referendum cannot be used on urgency statutes, statutes calling elections, or statutes providing for tax levies or appropriations for current expenses of the State.
Referenda on the ballot are not as common as initiative measures. The signature requirements
are the same for a referendum as an initiative statute—at least 5% of the total votes cast for the
office of Governor at the last gubernatorial election. The total number of signatures required to
qualify a referendum is 623,212. However, the referendum circulation calendar, verification,
timing, and form of the petition have different requirements. For example on the timing, a
proponent only has 90 days from the date of the enactment of a bill (or in the case of a
redistricting map, the date a final map is certified to the Secretary of State) to request and
receive a circulating title and summary from the Attorney General (Elections Code § 9006(b)
allows 10 days for the preparation of the circulating title and summary), circulate petitions,
gather the required number of valid signatures, and file the petitions with the county elections
officials.
For more referendum information, you can go to the following page entitled,
Referendum www.sos.ca.gov/elections/ballot-measures/referendum/.
Summary of Initiative and Referendum Signature Requirements for Statewide General
Elections 2020-2022:
Total Votes Cast Initiative Statute: 5% Initiative Referendum: 5%
for Governor in Constitutional
2018 Amendment: 8%
12,464,235 623,212 997,139 623,212
Declaration of Circulator
A circulator of a state initiative must be 18 years of age or older. Each section shall have
attached thereto a declaration by the circulator of the petition setting forth, in the circulator's own
hand, the following (Elections Code §§ 102,104, 9022):
• The printed name of the circulator.
• The residence address of the circulator, giving street and number, or if no street or
number exists, adequate designation of residence so that the location may be readily
ascertained.
• The dates between which all the signatures affixed to the petition were obtained.
Preprinted dates or generalized dates, other than the particular range of dates during
which the petition section was actually circulated, are not allowed. (Assembly v.
Deukmejian (1982) 30 Cal.3d 638, 180 Cal.Rptr. 297.)
Each declaration submitted pursuant to this section shall also set forth the following (Elections
Code §§ 104, 9022):
• That the circulator is 18 years of age or older.
• That the circulator circulated the petition section and witnessed the appended signatures
being written.
• That according to the best information and belief of the circulator, each signature is the
genuine signature of the person whose name it purports to be.
• That the declaration is true and correct under penalty of perjury under the laws of the
State of California.
• If the petition does not include the Official Top Funders disclosure statement, that
the circulator showed each signer a valid and unfalsified “Official Top Funders”
sheet.
The declaration must be signed under penalty of perjury. The declaration does not need to be
sworn before a notary public or other officer authorized to administer oaths, but must include the
circulator's signature, date, and place of signing preceding the circulator’s signature. (ElectionsCode §§ 104, 9022; Code Civ. Proc. § 2015.5.)
Petition Circulators
The proponent(s) of a proposed initiative measure are required to ensure that any person,
company, or other organization who solicits signatures to qualify the initiative measure, whether
they are paid or volunteer, receives instruction on the requirements and prohibitions imposed by
state law with respect to the circulation of petitions and the gathering of signatures. Such
instructions must emphasize the prohibition of the use of signatures on an initiative petition for a
purpose other than qualification of the proposed measure for the ballot. (Elections Code §
9607.)
The petition may be circulated by a number of individuals carrying separate, identical parts of
the petition called sections. Each petition circulator who obtains signatures must complete the
attached declaration to the petition.
Prior to allowing a person to circulate an initiative petition for signatures, the person, company
official, or other organizational officer who is in charge of signature gathering shall
execute and submit to the proponent(s) a signed statement that reads as follows (Elections
Code § 9609):
I, , acknowledge that it is a misdemeanor under state
law (Section 18650 of the Elections Code) to knowingly or
willfully allow the signatures on an initiative petition to be used for
any purpose other than qualification of the proposed measure for
the ballot. I certify that I will not knowingly or willfully allow the
signatures for this initiative to be used for any purpose other than
qualification of the measure for the ballot.
(Signature of Official)
Dated this day of
, 20
This statement shall be kept on file by the proponent(s) for not less than eight months after the
certification of the results of the election for which the petition qualified or, if the measure did not
qualify, eight months after the deadline for submission of the petition to elections officials.
(Elections Code § 9609(b).)
In addition, all paid circulators shall execute and submit to the person, company official, or
other organizational officer who is in charge of signature gathering a signed statement, prior to
soliciting signatures on an initiative petition, that reads as follows (Elections Code § 9610):
I, , acknowledge that it is a misdemeanor under
state law (Section 18650 of the Elections Code) to knowingly or
willfully allow the signatures on an initiative petition to be used for
any purpose other than qualification of the proposed measure for
the ballot. I certify that I will not knowingly or willfully allow the
signatures for this initiative to be used for any purpose other than
qualification of the measure for the ballot.
(Signature of Circulator)Dated this day of
, 20
This statement shall be kept on file by the person, company official, or other organizational
officer who is in charge of signature gathering for not less than eight months after the
certification of the results of the election for which the petition qualified or, if the measure did not
qualify, eight months after the deadline for submission of the petition to elections officials.
Unpaid circulators do not need to provide a signed statement. (Elections Code §§ 9610(b), (c).)
Petition Signatures
Only persons who are registered, qualified voters at the time of signing are entitled to sign the
petition. A person can only sign a petition that is being circulated in his or her county of
registration. If a petition circulator is a registered voter, the person may sign the petition the
person is circulating. (Elections Code §§ 106, 9020, 9021.) Each signer must personally place
on the petition the person’s signature, printed name, residence address (or physical description
of the location if there is no street address), and the name of the incorporated city or
unincorporated community. (Elections Code § 100.) None of the above may be preprinted on
the petition. Each signer may sign an initiative petition only once. (Elections Code § 18612.)
Withdrawal of Signatures
Any voter who has signed an initiative petition may withdraw the person’s name by filing a
written request for the withdrawal with the appropriate county elections official prior to the date
the petition is filed by the proponent(s). (Elections Code §§ 103, 9602.)
Withdrawal of Initiative Measure
The proponent(s) of an initiative may withdraw their measure at any time before the initiative
qualifies for the ballot on the 131st day before the statewide general election. (Elections Code §§
9033, 9604.)
Criminal Penalties
The Elections Code imposes certain criminal penalties for abuses related to the circulation of
initiative petitions. It prohibits circulators from intentionally misrepresenting or intentionally
making any false statement concerning the contents, purport, or effect of the petition, or the
petition’s Official Top Funders disclosure, to potential petition signers, intentionally making a
false statement in response to a voter's inquiry as to whether the circulator is a paid signature
gatherer or a volunteer, and from refusing to allow prospective signers to read the proposed
initiative measure or petition or Attorney General's summary. (Elections Code §§ 18600 -
18602.) No person may offer or give payment or anything of value to another in exchange for
signing an initiative petition. (Elections Code § 18603.) The Code also makes circulators,
signers, and others criminally liable for signing or soliciting to sign false, forged, fictitious, or
ineligible signatures and names. (Elections Code §§ 18610 - 18614.) The law provides
criminal penalties for persons, including public officials, companies, organizations, or
organizational officers, who make false affidavits concerning an initiative, referendum, or recall
petition. Criminal penalties may be issued if one knowingly directs an affiant to make a false
affidavit or if one knows or reasonably should have known that an affiant has made a false
affidavit. (Elections Code §§ 18660, 18661.)
Circulating petitions is prohibited within 100 feet of a polling place, an elections official's office
on election day, or at any time that a voter is casting a ballot. (Elections Code § 18370(a).) The
law prohibits any person from soliciting or obtaining money or anything of value to aid inunlawfully stopping circulation or the filing of a proposed initiative measure or for withdrawing a
proposed initiative measure after filing it with an elections official. (Elections Code §§ 18620 -
18622.) The law also prohibits any person from stealing petitions and from threatening petition
circulators or circulators' relatives with the intent to dissuade them from circulating the petition.
(Elections Code §§ 18630, 18631.) Any person who is paid by the proponent(s) to obtain
signatures on any initiative petition is subject to severe penalties for failing to surrender the
petition to the proponent(s) for filing. (Elections Code § 18640.)
It should be noted that the petition or list of signatures may be used for no purpose other than
the qualification of the initiative measure. (Elections Code § 18650.) This requirement prohibits
using the names and addresses on petition sections for a mailing list for fundraising or other
purposes.
Step Five – Turning in Signatures
Once the requisite number of signatures has been collected, the petition is filed with the
appropriate county elections official(s). Petitions may be submitted in sections; however, all the
sections submitted in a single county must be filed at the same time and must contain
signatures of registered voters in that particular county. Once filed, petitions may not be
amended except by order of a court of competent jurisdiction. (Elections Code § 9030.)
To prevent unauthorized petitions from circulating, and unauthorized persons from filing
petitions, only the proponent(s) of a proposed initiative measure, and persons authorized in
writing by one or more of the proponents, may file initiative petitions. Any other petitions
submitted will be disregarded by the county elections official of the county (or city and county) in
which it was circulated. (Elections Code § 9032.)
Recommendations
In previous years, some proponents have experienced problems in submitting initiative petitions
by the statutory deadline to qualify the initiative measure for a particular election. The
proponent(s) are encouraged to begin the process as early as possible to ensure that all
deadlines are met. The following points, previously mentioned in this Guide, should be
emphasized:
• In addition to statutory deadlines, allowances must be made for transmittal of
information since many of the time limitations begin when the proposed initiative
measure is received by the office and not when sent. Therefore, transmittal time could
add several days to the process.
• The Legislative Analyst and the Department of Finance are allowed a total of 50 days
from the date of receipt by the Attorney General of the proposed initiative measure in
order to prepare a fiscal estimate or opinion.
• The Attorney General is then allowed 15 days after receipt of the fiscal estimate or
opinion prepared by the Legislative Analyst and the Department of Finance to transmit a
copy of the circulating title and summary.
• Proponent(s) have a maximum of 180 days from the official summary date to file the
completed and signed petition sections with the appropriate county elections officials.
• An eligible initiative measure will be qualified by the Secretary of State on the 131st day
prior to the next statewide general election unless the proposed initiative measure iswithdrawn by the proponent(s) prior to qualification.
• Please see Appendix A – Suggested Deadlines to Qualify Initiatives, for an overview of
suggested timelines and dates involved in qualifying an initiative for the November 3,
2020, Statewide General Election.Chapter II Verification of Signatures Raw Count Within eight working days (excluding weekends and holidays) after the filing of the petition, the county elections officials will determine the total number of signatures on the petition sections submitted in their county and report the total to the Secretary of State. If the Secretary of State determines that the raw count of signatures on petitions submitted throughout the state lacks 100 percent of the signatures required*, the Secretary of State shall notify the proponent(s) and the county elections officials of the failure of the proposed initiative measure, and no further action will be taken on that petition. If the raw count equals 100 percent or more of the total number of signatures needed to qualify the initiative measure, the Secretary of State will immediately notify the county elections officials that a random sample will be necessary. (Elections Code § 9030(b),(c).) Random Sample If a random sample is necessary, within 30 working days of receipt of the Secretary of State’s random sample notification, the county elections officials will verify the validity of the signatures filed with their office using a random sampling technique of verification. (Cal. Code Regs., tit. 2, § 20521.) The elections official is required to verify at least 500 signatures or three percent of the number of signatures filed in their county, whichever is greater. Counties receiving less than 500 petition signatures are required to verify all the signatures filed in their county. (Elections Code § 9030(d).) Upon completion of a random sample, the county elections officials will immediately certify to the Secretary of State the number of valid signatures appearing on the petitions that were filed in their counties. (Elections Code § 9030(e).) The Secretary of State then applies a formula to determine the projected statewide total of valid signatures. (Elections Code § 9030; Cal. Code Regs., tit. 2, §§ 20530-20532, 20540.) Under 95 Percent If the total number of valid signatures is less than 95 percent of the number of signatures required to qualify the initiative measure, the proposed initiative measure fails to qualify for the ballot. The Secretary of State will generate a failure notice and mail a copy to the proponent(s) and county elections officials. (Elections Code § 9030(f).) Over 110 Percent If the number of valid signatures is greater than 110 percent of the required number of signatures, the Secretary of State will be able to certify that the initiative measure is eligible for the next statewide general election held at least 131 days later. (Elections Code §§ 9030(g), 9033.) Once the proposed initiative measure is eligible for qualification, the Secretary of State will immediately notify the proponents and county elections officials that signature verification be terminated. (Elections Code § 9033(a).) *See signature requirements on page 5.
Between 95 Percent and 110 Percent If the result of the random sample indicates that the number of valid signatures represents between 95 percent and 110 percent of the required number of signatures to qualify the initiative measure for the ballot, the Secretary of State directs the county elections officials to verify every signature on the petition. This process is referred to as a “full check.” (Elections Code § 9031(a).) Full Check If a full check is necessary, within 30 working days of receipt of the Secretary of State’s full check notification, the county elections officials determine the total number of qualified signatures and transmit this information to the Secretary of State. If the proposed initiative measure fails to reach the required amount of valid signatures, the initiative fails to qualify for the ballot, and the Secretary of State must so notify the proponent(s) and county elections officials. (Elections Code § 9031.) If it is determined that the proposed initiative measure has the required amount of valid signatures, it is eligible for the next statewide general election ballot held at least 131 days later. (Elections Code § 9031(e).) For more details of the Full Check signature verification method, see Appendix A of the Guide. Note: Signatures are not invalid solely because the Top Funders information was missing or inaccurate.
Chapter III Qualification Qualifying for the Ballot: Eligible vs. Qualified Eligible for the Ballot The proposed initiative measure is eligible for the ballot on the date the Secretary of State receives certificates from one or more of the county elections officials showing the petition has been signed by the requisite number of voters. (Elections Code § 9033(a).) Once the proposed initiative measure is eligible for the ballot, the Secretary of State will notify the proponent(s) and each county elections official that the signature requirement has been met and signature verification can be terminated. (Elections Code § 9033(a).) Proponents may withdraw the proposed initiative measure at any time prior to its qualification for the ballot on the 131st day before the next statewide general election. (Elections Code §§ 9033, 9604.) Qualified for the Ballot Once the petition signatures have been verified and the initiative is eligible for the ballot, the Secretary of State will issue a certificate of qualification on the 131st day before the next statewide general election certifying that the initiative measure, as of that date, is qualified for the ballot. (Elections Code § 9033(b).)
Chapter IV Additional Information Initiative Effective Date if Approved by Voters An initiative measure approved by a majority vote takes effect the fifth day after the Secretary of State certifies the election results, unless the initiative measure provides otherwise. (Cal. Const., art. II, § 10(a).) If the provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail. (Cal. Const., art. II, § 10(b).) The Legislature may amend or repeal an initiative statute by another statute; however, any proposed statute becomes effective only when approved by the voters, unless the initiative statute permits amendment or repeal without voter approval. (Cal. Const., art. II, § 10(c).) Preservation of Signatures The county elections officials must preserve initiative petitions until eight months after the certification of the results of the election for which the initiative measure qualified or attempted to qualify for placement on the ballot. The petitions shall then be destroyed unless any of the following conditions are present: 1) the petition is evidence in a pending legal action or legal proceeding, 2) the elections official receives a written request from a governmental agency that the petition be preserved for use in an investigation regarding the petition, or 3) the proponents have commenced an examination of the petition in which case the petition shall be preserved for one year from the date the proponents last examined the petition. (Elections Code § 17200; Government Code § 6253.5.) As a general rule, initiative petitions, once filed with the county elections officials, are not public records and are not open to the general public for inspection. (Government Code § 6253.5.)
Chapter V Political Reform Act, Forming Committees and Reporting Requirements Recipient Committees Any person or combination of persons is considered to be a “recipient committee” if contributions totaling $2,000 or more have been received in a calendar year. (Government Code § 82013(a).) A recipient committee becomes “qualified” and must file the original Statement of Organization (Form 410) with the Secretary of State's Political Reform Division within ten days of reaching the $2,000 threshold. (Government Code § 84101(a).) In addition, recipient committees must also file a copy of the Statement of Organization with the local filing officer, if any, with whom it is required to file the originals of its campaign reports. Qualified recipient committees are subject to a $50 annual fee, payable within 15 days of filing the Statement of Organization (Form 410). After paying the initial fee, the committee must pay the fee, thereafter, on or before January 15 of each year, in every year that the committee remains active until the committee terminates. (Government Code § 84101.5.) Use of Measure Committee Funds Persons or committees receiving money for promoting or defeating an initiative or referendum petition, or any measure that has qualified for the ballot, must hold the money in trust and may spend the money only for the purpose for which it was entrusted to them. (Elections Code § 18680.) Official Top Funders Sheet Committees formed pursuant to Government Code section 82013 that pay for the circulation of a state initiative or referendum petition are required to create an Official Top Funders sheet and provide it to the Secretary of State’s office for posting on the Secretary of State’s website, as defined in Elections Code section 107. The sheet must be added to the petition above the signature section or accompany the petition. A sample of the Official Top Funders disclosure on the petition is located in Appendix D, and a sample of an Official Top Funders Disclosure sheet is located in Appendix E. Campaign Disclosure Form 460 The Recipient Committee Campaign Disclosure Statement (Form 460) is the proper disclosure form for use by all ballot measure committees in disclosing most of their financial activities. Measure Committee Reporting Duties Committees formed or existing primarily to support or oppose the qualification, passage, or defeat of a ballot measure and proponent(s) of a state ballot measure who control a committee formed to support the qualification, passage, or defeat of a state ballot measure must file semi- annual statements, pre-election statements, quarterly ballot measure statements, and 24-hour online reports of contributions totaling $1,000 or more, as well as 10-business-day reports of contributions totaling $5,000 or more, when required. (Government Code §§ 84202.3, 84203, 84204, and 85309(d).)
Semi-annual Statements Committees must file semi-annual statements for each half of every year, regardless of the amount of contributions or level of activity. The closing dates for reporting activity on such semi- annual statements are June 30 (with the report due July 31) and December 31 (with the report due January 31). (Government Code § 84200(a).) Note: All state filers whose cumulative receipts or expenditures total $25,000 or more are subject to electronic filing requirements. The period for calculating whether the committee has reached the cumulative $25,000 electronic filing threshold began on January 1, 2000. For a committee that is subject to this title after January 1, 2000, the beginning date for calculating cumulative totals is the date that the committee is first subject to this title. (Government Code § 84605(a)(2).) Pre-election Statements Two pre-election statements must be filed during the six-month period prior to the election at which the measure will appear on the ballot. Reporting periods correspond to activity occurring from the ending date of the last reporting period (usually a semi-annual report) through 45 days before an election (with the report due 40 days before the election), and activity occurring from the ending date of the last reporting period (usually the first pre-election report) through 17 days before the election (with reports due 12 days before the election). (Government Code §§ 84200.5(a), 84200.8.) Quarterly Ballot Measure Statements Committees primarily formed to support or oppose the qualification, passage, or defeat of a ballot measure and proponents of a state ballot measure who control a committee formed to support the qualification, passage, or defeat of a state ballot measure are required to file quarterly ballot measure statements. However, quarterly statements are not required during any semi-annual period in which the committee is required to file pre-election statements. Following the election at which the measure is voted upon, such committees that do not terminate are only required to file semi-annual statements, unless they make contributions or expenditures to support or oppose the qualification or passage of another ballot measure, in which case they would have to file quarterly statements. (Government Code § 84202.3.) 10-Business Day and 24-Hour Reports There are two types of expedited contribution reports that must be filed. Both must be filed electronically only. No paper copy of these electronic reports must be filed. Each report is triggered by a distinct threshold of total contributions ($5,000 or $1,000) given and/or received during a distinct period of time (before or during the 90-day period before or on Election Day), and each has a distinct deadline for filing the report (10 business days, or 24 hours). The first type of expedited contribution report (Form 497), required to be filed by electronic filers only (filers who have reached the $25,000 threshold of activity requiring electronic filing of other reports), must be filed within 10 business days of the date on which a committee receives contributions totaling $5,000 or more from a single source at any time during the year, unless the contribution or contributions are received during the 90 days before or on the Election Day when the measure appears on the ballot. During the 90-day period before or on Election Day, the second type of expedited reporting is required. (Government Code § 85309(d).)
The second type of expedited contribution report (also using the Form 497), required to be filed by all ballot measure committees listed on the upcoming election ballot, must be filed by the next business day of the date on which a committee receives contributions totaling $1,000 or more from a single source 90 days before or on Election Day, unless the contribution is received on the Friday or weekend day before the Election Day, in which case it must be reported within 24 hours of the date on which a committee receives the contribution. Contributions of $1,000 or more in the aggregate that are made in connection with a candidate or another ballot measure being voted on in the upcoming election or that are made to a political party committee, also require the above second type of expedited report. Independent expenditures fall under the above second type of expedited report. (Government Code §§ 84203, 84204.) Paid Spokesperson Reports Committees are required to file Paid Spokesperson reports (Form 511) within 10 days of making payments to individuals to appear in advertisements that support or oppose the qualification, passage or defeat of a ballot measure, if the individual is paid $5,000 or more to appear in the ad, or the individual is paid any amount of money to appear in an ad that states or suggests the individual is a member of an occupation that requires licensure, certification, or other specialized, documented training as a prerequisite to engage in the occupation represented in the ad. (Government Code § 84511.) Termination Requirements The Statement of Organization (Form 410) is used to terminate recipient committees. The original and one copy must be filed with the Secretary of State's Political Reform Division. In addition, a copy of the Form 410 must be filed with each filing officer who received a copy of the committee's last campaign statement as contained in California Code of Regulations, title 2, section 18404(c). The committee is also required to file a final, terminating campaign disclosure statement (Form 460). For more information contact: Secretary of State Political Reform Division 1500 11th Street, Fourth Floor, Room 495 Sacramento, CA 95814 (916) 653-6224 Fax: (916) 653-5045 Website: www.sos.ca.gov/campaign-lobbying/contact-us/ Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 Technical Assistance: (916) 322-5660 Toll-Free Helpline: (866) 275-3772 Fax: (916) 322-3711 Website: www.fppc.ca.gov
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